A Perak Customs Department senior assistant director told the Kuala Lumpur High Court that his colleague Ahmad Sarbaini Mohamed suffered tremendous pressure while being questioned and held overnight by the Malaysian Anti-Corruption Commission (MACC).

Azman Jusoh ( right ), 48 is the second witness called in for the RM8 million lawsuit filed by the late Ahmad’s family against MACC.

The witness revealed that the deceased had confided in him about what happened several days after his arrest in April 2011.

He said Ahmad was his tennis partner and hence the two of them were close since 2001.

Azman said between April 2 to April 6, 2011, while resting at the tennis court following a match, Ahmad related that he was "chided, mocked and threatened psychologically" by MACC officers.

"He told me that he was teased by the (MACC officers) for wearing the Customs uniform, that he was not fit to be an officer.

"Some of the officers provoked him by singing the Customs Department song in a mocking manner but Ahmad chose to keep quiet," he said.

"Ahmad related that he was transferred from one interrogation room to another and when he looked up at the officers, they retorted, 'Don't be a gangster, do you want to fight?'"

"When Ahmad went to the MACC office, I cannot remember the date, the officers prohibited him from having any water or food from morning till late in the afternoon.

"He also told me the MACC officers would show him the lock-up uniform to threaten him with detention," he added.

Azman was replying to questions from lawyer Ho Kok Yew, who is representing Ahmad’s widow Maziah ( left ) and their 30-year-old son Shahril.

The witness explained that he had no reason to doubt what Ahmad had related to him, as the deceased was known as a truthful and trustworthy person.

The senior assistant director, when cross-examined by senior federal counsel, Zureen Elina Mat Dom, said Ahmad told him that he was forced to admit to the MACC that he was on the take and the admission was done involuntarily.

 

Apology for admission

Another witness from freight forwarding company DB Schenker, senior executive Wan Zainalabidin Wan Zaki, told the court that Ahmad called him on the night of April 4, 2011, to apologise for admitting to the MACC that he received RM50 monthly from the German based company.

 

Wan Zainalabidin ( left ), who like Azman, were witnesses in the inquest to determine Ahmad's death, said at that time Ahmad told him he was under pressure from the interrogation that day.

 

“He told me at that time (of interrogation) he only remembered me and Schenker. I replied what can I do, as what you have related that to MACC,” Wan Zainalabidin said.

 

Wan Zainalabidin said he met Ahmad the next morning to find out what transpired with the MACC and the customs officer told him not to admit that Schenker gave the money.

 

Senior federal counsel Kamal Azira Hassan, then tried to state MACC's then appointed counsel, Muhammad Shafee Abdullah's theory that Ahmad had probably jumped from the MACC office to meet Wan Zainalabidin.

But Justice Kamaluddin Md Said warned against bringing something back from the inquest as this is a civil suit.

 

Lawyer Rosli Dahlan ( right ), who is holding a watching brief for Schenker, pointed out to the court that the inquest findings disproved the theory forwarded by Shafee.

 

It was reported that Ahmad went back to the MACC Jalan Cochrane on April 6, 2011, to deny the statement he made about Schenker and Wan Zainalabidin. 

 

Wan Zainalabidin told the court today that he was called to the MACC Jalan Cochrane the same morning that Ahmad went on April 6, following Ahmad's retraction of his earlier statement.

 

On arriving there at noon, he noticed a commotion with many from the media present, following Ahmad's death.

 

Wan Zainalabidin said an MACC officer by the name of Ghani admitted to calling him, and told him that he asked Ahmad to sit by the sofa at the lobby as he (Ghani) went out to eat.

 

“Ghani told me that he walked back to bring Ahmad along (to eat). When he arrived at the lobby Ahmad was no longer there.

"Ghani said they tried to find him and when one MACC staff went up the pantry on the third floor, the person noticed a body below.

"Ghani asked me to tell the investigators this if asked,” Wan Zainalabidin said, adding that he was only called the MACC a month later to be interrogated.

 

The hearing continues tomorrow.

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